The Supreme Court judgment in MacDonald and another v Carnbroe Estates Ltd has reframed the remedies available to the court when there has been a transfer at undervalue. Harper Macleod LLP represented the joint liquidators in this action, successfully arguing that the transaction should be reduced as a transfer at undervalue.
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The law never stands still, and the way it applies to you and your organisation is constantly evolving. Our people are on top of these developments and can keep you up to date with some of the most interesting aspects of these changes. Check out our articles and updates for our perspective on issues that might affect you.
Latest Real estate & construction articles
The Planning (Scotland) Act 2019 received Royal Assent earlier this year. Although the reforms to planning controls over short-term lets aren't as radical as the amendments proposed at earlier stages, it is worth looking at how the Act changes what permission is needed to rent a property as short stay accommodation.
The latest Scottish court decision on a challenge to an adjudication award somewhat predictably saw the court enforcing the adjudicator's award. It is likely that future enforcement actions will be concluded in a much shorter timeframe than this one was.
The Inner House of the Court of Session has reversed a decision which allowed a retail park owner to rely on a collateral warranty to sue a contractor for the construction of an allegedly defective car park more than nine years after it was completed.
Here we take a look at some of the recommendations of the Scottish Land Commission (SLC) in a report published at the tail end of last year on expanding community ownership and community rights to buy.